Simone Lawson
South Carolina has had seven constitutions, the first of which was written in 1776, with subsequent constitutions adopted in 1778, 1790, 1861, 1865, 1868, and 1895. The 1778 constitution, which was framed by the general assembly, was an important revision that formally recognised South Carolina's independence from Great Britain and introduced several significant changes to the state's governance.
| Characteristics | Values |
|---|---|
| Name of the state | The State of South Carolina |
| Legislative authority | Vested in a general assembly, consisting of a senate and a house of representatives |
| Executive | Elected by the General Assembly; referred to as "Governor" instead of "President" |
| Religion | The Anglican Church was disestablished |
| Legislative representation | Reapportionment to increase representation of the Backcountry, resulting in its share of the legislature increasing from 30% to 40% |
| Money bills | To originate in the house of representatives and not be altered or amended by the senate |
| Powers of the state executive branch | Measures included to reign in powers |
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What You'll Learn
- Recognition of South Carolina's independence from Great Britain
- Separation of the state's legislative authority into two bodies
- The governor's power to be elected by the General Assembly
- Disestablishment of the Anglican Church
- Reapportionment of the legislature to increase representation for the Backcountry
Recognition of South Carolina's independence from Great Britain
The 1778 Constitution of South Carolina was the state's second, replacing the temporary constitution of 1776. It was written in 1777 and adopted in March 1778, taking effect in November of the same year. This constitution formally recognised South Carolina's independence from Great Britain.
The previous constitution had been suited to the situation of South Carolina's public affairs at the time, which included the hope for an "accommodation with Great Britain". However, by 1778, the United Colonies of America had been "constituted independent States", and the political connection between the colonies and Great Britain had been "entirely dissolved" by the Declaration of Independence on 4 July 1776. Thus, a new constitution was deemed necessary to reflect this significant change.
The 1778 Constitution was framed and passed by the General Assembly of South Carolina, which also retained the power to repeal or amend it at will. The new document introduced several changes, including the replacement of the term "president" with "governor", who was to be elected by the General Assembly. The constitution also disestablished the Anglican Church, with the Church of England no longer holding official status in the state.
Additionally, the 1778 Constitution addressed representation imbalances in the legislature, increasing the Upcountry or Backcountry's share from thirty to forty per cent. This change reflected the growing population in this region and the need for greater public support for military recruitment. The constitution also established the theoretical basis of representation, tying it to "the particular and comparative strength and taxable property of the different parts", with consideration given to "the number of white inhabitants and such taxable property".
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Separation of the state's legislative authority into two bodies
South Carolina's second constitution, written in 1778, was a critical document in the state's history. It replaced the temporary constitution of 1776 and aimed to establish a permanent framework for the state's governance. One of the key features of this constitution was the separation of the state's legislative authority into two distinct bodies: a senate and a house of representatives.
This bicameral system, with its upper and lower houses, was designed to provide a check and balance on legislative power. The constitution vested legislative authority in the General Assembly, which consisted of these two separate chambers. The senate, or upper house, was popularly elected, while the house of representatives played a specific role in financial matters, with all money bills for the support of the government originating in this chamber. The constitution also stipulated that the house of representatives was responsible for initiating legislation regarding taxation and government funding, while the senate could only reject or approve such bills without altering them.
The separation of legislative authority into two bodies had several implications for South Carolina's governance. Firstly, it contributed to the diminution of the executive branch's power. The constitution of 1778 did not grant the executive branch veto power over the legislature, and the legislature retained the power to elect the governor and lieutenant governor. This marked a significant shift from the previous constitution, where the executive had more substantial authority.
Additionally, the separation of legislative powers addressed representation imbalances within the state. The 1778 constitution introduced provisions for reapportionment, aiming for a more equitable distribution of legislative representation. This resulted in the Backcountry's share of the legislature increasing from 30% to 40%, giving greater voice to the growing Backcountry population. The constitution also established the theoretical basis of representation, tying it to "the particular and comparative strength and taxable property" of different parts of the state, while also considering the number of white inhabitants.
Overall, the separation of South Carolina's legislative authority into two distinct bodies under the 1778 constitution was a pivotal step towards a more democratic and representative form of governance. It curtailed the powers of the executive, enhanced the role of the legislature, and addressed imbalances in representation, reflecting the evolving political and social landscape of the state.
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The governor's power to be elected by the General Assembly
The 1778 Constitution of South Carolina was framed by the General Assembly of South Carolina and passed as an "act" on March 19, 1778, though it only came into effect in November of that year. This constitution was drafted as a replacement for the temporary constitution of 1776, which was suited to the situation of South Carolina's public affairs at the time, looking forward to an accommodation with Great Britain.
The 1778 Constitution formally recognised South Carolina's independence from Great Britain and made several changes to the structure of the government. Notably, it replaced the title "president" with "governor", who was to be elected by the General Assembly. This constitution also diminished the power of the executive branch, now called the Governor, while increasing the representative nature of governance in the state.
The General Assembly, consisting of two distinct bodies, the Senate and the House of Representatives, retained the power to elect not only the Governor but also the Lieutenant Governor and the privy council. The constitution also introduced provisions for reapportionment, aiming to address the representation imbalance in the legislature. As a result, the Backcountry's share of the legislature increased from 30% to 40%.
The 1778 Constitution also had a greater focus on religion compared to its predecessor. The Anglican Church was disestablished, and the Church of England in South Carolina was unanimously voted to be disestablished as well. This reflected the growing influence of religion in the state's political landscape.
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Disestablishment of the Anglican Church
South Carolina's second constitution, written in 1778, guaranteed several rights and made significant changes to the state's government. One of the most notable aspects of this constitution was the disestablishment of the Anglican Church, also known as the Church of England, in South Carolina.
The decision to disestablish the Anglican Church was the result of a significant debate in the legislature. With the support of influential figures like Christopher Gadsden and Charles Cotesworth Pinckney, the members of the body unanimously voted to separate church and state, marking a pivotal moment in South Carolina's history.
The disestablishment of the Anglican Church had a profound impact on religious freedom and the relationship between religion and government in South Carolina. It reflected a shift towards religious tolerance and a recognition of the diverse religious beliefs held by the state's inhabitants. This move away from an established church granted equal status to various religious denominations and allowed for the free exercise of different faiths within the state.
Additionally, the 1778 constitution made important democratic concessions. It introduced provisions for reapportionment, addressing the representation imbalance in the legislature. The basis for representative apportionment was adjusted to consider the "particular and comparative strength and taxable property" of different parts of the state, with regard to the number of white inhabitants and taxable property. As a result of these changes, the Backcountry's share of the legislature increased from thirty to forty percent, giving this region a stronger voice in the state's political landscape.
The constitution also diminished the power of the executive branch, transferring more authority to the legislative branch. The title of "president" was replaced by "governor," who was elected by the General Assembly. This governor, along with the Lieutenant Governor and privy council, now held less power than before, marking a significant shift in the state's governance structure.
Overall, South Carolina's second constitution, enacted in 1778, had far-reaching consequences. The disestablishment of the Anglican Church set the tone for religious freedom and tolerance, while the democratic reforms addressed representation imbalances and empowered certain regions within the state. These changes, along with adjustments to the executive branch's powers, shaped South Carolina's political landscape and laid the foundation for the state's future governance.
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Reapportionment of the legislature to increase representation for the Backcountry
The South Carolina Constitution of 1778 made several changes to the state's political system, including an increase in the representation of the Backcountry in the legislature. This change was driven by the need to address the region's growing population and gain public support for the war effort.
The Backcountry's population had been increasing, and by 1790, the region held almost eighty per cent of the state's population. Despite this demographic shift, the Backcountry was severely underrepresented in the state's political system. Under the 1776 constitution, the region could only elect around thirty per cent of the overall representative body, despite having a majority of the state's white population.
The 1778 constitution introduced provisions for reapportionment, aiming to establish a more equitable distribution of seats in the legislature. The basis for representative apportionment was changed to "the particular and comparative strength and taxable property of the different parts... regard being always had to the number of white inhabitants and such taxable property." This new formula resulted in the Backcountry's share of the legislature increasing from thirty to forty per cent.
The growing population in the Backcountry was not economically dependent on slavery, which contrasted with the Lowcountry elite, whose economic interests were tied to the institution of slavery. The planter elite's need to gain public support for military recruitment and the increasing calls for representation from the Backcountry led to these democratic reforms.
While the 1778 constitution increased representation for the Backcountry, the planters still maintained control of South Carolina's political and economic systems. The region continued to be underrepresented in comparison to the Lowcountry, and the power of the state executive branch was diminished in the new constitution.
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Frequently asked questions
It was the second state constitution of South Carolina, replacing the temporary constitution of 1776.
The constitution was written in 1777 and adopted in March 1778, but it did not come into effect until November 1778.
The 1778 Constitution guaranteed South Carolina's independence from Great Britain, formally recognising the state as free and independent. It also disestablished the Anglican Church and reduced the power of the state executive branch.
The 1778 Constitution changed the name of the legislature's lower and upper chambers to the Senate and House of Representatives, respectively. It also increased the representation of the Backcountry in the legislature from 30% to 40%.
The 1778 Constitution replaced the title of "president" with "governor", and substantially diminished the power of the executive branch. Notably, the executive branch was not granted veto power over the legislature.
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